[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.64]

[Page 55-56]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 511_ADJUDICATIVE PROCEDURES--Table of Contents
 
  Subpart G_Settlement Procedure in Cases of Violation of Average Fuel 
                            Economy Standards
 
Sec.  511.64  Petitions for settlement; timing, contents.

    (a) A petition seeking settlement under this subpart must be filed 
within 30 days after the issuance of a final order assessing a civil 
penalty for a violation of an average fuel economy standard.
    (b)(1) A petition for settlement should be sufficient to allow the 
Administrator to determine that at least one of the criteria set out in 
Sec.  511.63 is satisfied, and that the public interest would be served 
by settlement.
    (2) A petition asserting that settlement is necessary to prevent 
bankruptcy or insolvency must include:
    (i) Copies of all pertinent financial records, auditor's reports, 
and documents that show that the imposition of a civil penalty would 
cause insolvency, or would cause a company to do an act of bankruptcy, 
and
    (ii) A payment schedule that would allow the petitioner to pay a 
civil penalty without resulting in insolvency or an act of bankruptcy.
    (3) A petition asserting that the violation of the average fuel 
economy standard was caused by an act of God, fire, or strike must 
describe corrective and ameliorative steps taken to mitigate the effects 
of the act of God, fire, or strike.

[[Page 56]]

    (4) A petition based on a certification by the Federal Trade 
Commission that modification of the civil penalty assessed is necessary 
to prevent a substantial lessening of competition must include a 
certified copy of:
    (i) The application to the Federal Trade Commission for a 
certification under section 508(b)(4) of the Motor Vehicle Information 
and Cost Savings Act, Pub. L. 94-163, 89 Stat. 911 (15 U.S.C. 
2008(b)(4)), and materials supporting the application.
    (ii) The administrative record of any Federal Trade Commission 
proceeding held in regard to the application, and
    (iii) The certification by the Federal Trade Commission.
    (c) It is the policy of the National Highway Traffic Safety 
Administration that unconditional settlements of violations of average 
fuel economy standards are not in the public interest, and absent 
special and extraordinary circumstances, will not be allowed. All 
petitions for settlement shall contain a section proposing conditions 
for settlement. Conditions for settlement can be specific acts designed 
to lead to the reduction of automotive fuel consumption, which the 
petitioner is not otherwise required to perform pursuant to any statute, 
regulation, or administrative or judicial order, such as sponsoring 
public education programs, advertising, accelerating commercial 
application of technology, accelerating technology development programs, 
or making public the results of privately performed studies, surveys, or 
research activities.